Political Constitution of the United Mexican States
Articles of the Mexican Constitution that guarantee the right to Access to public information and personal data protection
In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself.
The provisions relating to human rights shall be interpreted according to this Constitution and the international treaties on the subject, working in favor of the protection of people at all times.
All authorities, in their areas of competence, are obliged to promote, respect, protect and guarantee the human rights, in accordance with the principles of universality, interdependence, indivisibility and progressiveness. As a consequence, the State must prevent, investigate, penalize and redress violations to the human rights, according to the law.
Slavery shall be forbidden in Mexico. Every individual who is considered as a slave at a foreign country shall be freed and protected under the law by just entering the country.
Any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religious, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited.
Free speech shall be restricted neither judicially, not administratively, but when it represents an attack to public morality, life or individual rights, as well as when it produces a criminal offense or disturbs the public order; the right to reply shall be enforce according to the law. The right to information shall be guaranteed by the State.
Everyone has the right to the free access to plural and timely information, as well as searching, receiving and disseminating information and ideas of any nature through any means of expression.
A. For the exercise of the right to access of information, the Federation and the States, within their respective jurisdiction areas, will be governed by the following principles and bases:
The information referring to private live and personal data will be protected under the terms and with the exceptions set by law.
Everyone, without proving any interest or justifying its use, will have free access to public information, personal data or rectification thereof.
The Federation will have an autonomous, specialized, impartial, collegial body, with legal personality and own patrimony, with full technical and management autonomy, ability to decide over the use of the budget and to define its internal organization, responsible for guaranteeing the compliance of the right of access of public information and personal data protection held by legally bound reporting parties under the terms set by the law.
The autonomous body provided in this fraction will be governed by the law on transparency and access to public information and protection of personal data held by legally bound reporting parties, under the terms provided by the general law issued by the Congress of the Union to set the bases, general principles and procedures for the exercise of this right.
The certainty, legality, independency, impartiality, efficacy, objectivity, professionalism, transparency and highest publicity principles shall govern its operations.
The federal guarantor body has jurisdiction to know the cases related to the access to public information and personal data protection from any authority, entity, body or agency that is part of any of the Legislative, Executive and Judicial Branches, autonomous bodies, political parties, trust funds and public funds, as well as any legal entity, individual or union that receives and controls public resources or performs authority acts within the federal level; with the exception of those jurisdictional matters that correspond to the Supreme Court of Justice of the Nation, which shall be resolved by a three ministers committee. It shall also know the motions filed by individuals regarding the resolution of the State specialized autonomous bodies that determine the secrecy, confidentiality, lack or denial of information under the terms set by the law.
The federal guarantor body, by official notice or upon motivated request by the equivalent State guarantor body, may know the motions for review required due to its interest and relevance.
The law shall establish the information considered restricted or confidential.
The resolutions of the guarantor body are binding, final and unassailable for legally bound reporting parties. The Government's Legal Adviser may file a motion for review before the Supreme Court of Justice of the Nation under the terms set by the law, only in the case that said resolutions may put the national security at risk in accordance with the relevant law.
The guarantor body comprises seven commissioners. For their appointment, the House of Senators, after an extensive consult to society, by proposal of parliamentary groups, with the vote of two thirds of the members present, will appoint the commissioner who will fill the vacancy following the process established in the law. The appointment may be objected by the President of the Republic within ten working days. Should the President of the Republic not object the appointment within said period, the person appointed by the Senate of the Republic shall take office as commissioner.
Should the President of the Republic object the appointment, the House of Senators will provide a new proposal, under the terms of the above paragraph, but with the vote of three fifths of the members present. Should this second appointment be objected, the House of Senators, under the terms of the above paragraph, with the vote of three fifths of the members present, shall appoint the commissioner who will fill the vacancy.
Commissioners shall be in office seven years and comply with the requirements provided in fractions I, II, IV, I and VI of article 95 of this Constitution. They may not hold another job, position or commission, except for unpaid jobs on educational, scientific or charitable institutions, and may be removed from office under the terms of Title Four of this Constitution and will be subject to impeachment.
Gender equity shall be ensured at the creation of the guarantor body.
The chief commissioner will be appointed by the other commissioners by secret ballot for a period of three years with the possibility of re-election for a second similar period. The chief commissioner will be responsible for reporting yearly to the Senate, on the date and under the terms provided by the law.
The guarantor body shall have an Advisory Board, comprising ten counselors who will be elected by the vote of two thirds of the members of the House of Senators present. The law will define the process to follow to submit the proposals by the Chamber. The two longest serving counselors in office will be yearly replaced, except when proposed and endorsed for a second period.
The law will establish the enforcement measures that the guarantor body to ensure the compliance of their decisions.
Every authority and public servant will be compelled to cooperate with the guarantor body and its members for a proper performance of their duties.
The guarantor body shall coordinate actions with the Federal Superior Auditor, with the entity specialized on files and the agency in charge of regulating the collection, processing and publication of statistics and geographic information, as well as State guarantor bodies, with the purpose of strengthening the accountability of the Mexican State.
No person shall be in his private affairs, or his home invaded, without a written order from a competent authority, duly explaining the legal cause of the proceeding.
All people have the right to enjoy protection on his personal data, and to access, correct and cancel such data. All people have the right to oppose disclosure of his data, according to the law. The law shall establish exceptions to the criteria that rule the handling of data, due to national security reasons, law and order, public security, public health, or protection of third party's rights.
Only judicial authority can issue an arrest warrant. Such arrest warrant shall always be preceded by a formal accusation or charge of misconduct considered as criminal offence, punishable with imprisonment, provided that there is evidence to prove that a crime has been committed and that the defendant is criminally liable.
The authority executing an arrest warrant shall bring the accused before the judge without any delay and under its sole responsibility. Fail to comply with this provision will be punished under criminal law.
In cases of flagrante delicto, any person may arrest the offender, turning him over without delay to the nearest authorities, which in turn, shall bring him before the Public Prosecution Service. A record of such arrest must be done immediately.
The Public Prosecution Service may order arrest of the accused, explaining the causes of such decision, only under the following circumstances all together: a) in urgent cases, b) when dealing with serious offence, c) under reasonable risk that the accused could evade the justice and, d) because of the time, place or circumstance, accused cannot be brought before judicial authority.
In cases of urgency or flagrancy, the judge before whom the prisoner is presented shall immediately confirm the arrest or order his release, according to the conditions established in the law.
In the case of organized crime, and at the request of the Public Prosecution Service, judicial authority can order to put a person into hold restraint, complying with the terms of time and place established by law and without exceeding forty days, whenever necessary for the success of the investigation, the protection of people or legal goods, or when the accused could be avoiding the action of justice. The forty days' term can be extended, provided that the Public Prosecution Service proves that the causes that originate hold restraint still remain. In any case, the hold restraint shall not last more than eighty days.
The term organized crime is defined as the organization of three or more people gathered together to commit crimes in a permanent or frequent manner, in the terms provided by the correspondent law.
No accused person shall be held by the Public Prosecution Service for more than forty-eight hours. After this term, his release shall be ordered or he shall be brought before a judicial authority. Such term may be duplicated in case of organized crime. Any abuse shall be punished by criminal law.
Only a judicial authority can issue a search warrant at the request of the Public Prosecution Service. The search warrant must describe the place to be searched, the person or persons to be apprehended and the objects to be seized. Upon the conclusion of the search, a report must be compiled at the site and before two witnesses proposed by the occupant of the place searched or, in his absence or refusal, by the acting authority.
Private communications shall not be breached. The law shall punish any action against the liberty and privacy of such communications, except when they are voluntarily given by one of the individuals involved in them. A judge shall assess the implications of such communications, provided they contain information related to the perpetration of a crime. Communications that violate confidentiality established by law shall not be admitted in any case.
Only the federal judicial authority can authorize telephone tapping and interception of private communications, at the request of the appropriate federal authority or the State Public Prosecution Service. The authority that makes request shall present in writing the legal causes for the request, describing therein the kind of interception required, the individuals subjected to interception and the term thereof. The federal judicial authority cannot authorize telephone tapping nor interception of communications in the following cases: a) when the matters involved are of electoral, fiscal, commercial, civil, labor or administrative nature, b) communications between defendant and his attorney.
The judiciaries shall have control judges who shall immediately and by any means solve the precautionary measures requests and investigation techniques, ensuring compliance with the rights of the accused and the victims. An authentic registry of all the communications between judges and the Public Prosecution Service and other competent authorities shall be kept.
Authorized telephone tapping and interception of communications shall be subjected to the requirements and limitations set forth in the law. The results of telephone tapping and interception of communications that do not comply with the aforesaid requirements will not be admitted as evidence.
Administrative authorities shall have powers to search private households only in order to enforce sanitary and police regulations. Administrative authorities can require the accounts books and documents to corroborate compliance with fiscal provisions, following the procedures and formalities established for search warrants.
The sealed correspondence circulating through the mail shall be exempt from any search and the violation thereof shall be punishable by the law.
During peacetime, no member of the Army can be quartered in a private house against the owner's will not impose any requirements.
During a war, soldiers can demand lodging, baggage, food and other requirements in the terms set forth by the applicable martial law.
Criminal proceedings will be accusatory and oral. It shall be ruled by the principles of open trial, contradiction, concentration, continuity and contiguity.
A. General principles
B. Defendant's rights
C. Victim's rights
The judge must keep in secret victim's identity and other personal data in the following cases: minor involved; rape, trafficking in persons, kidnap, organized crime; and when necessary to protect the victim, always respecting the defendant's rights.
The Congress has the authority to:
Regulate the use and protect personal data handled by private entities.
To enact general regulating laws for the development of principles and bases on government transparency access to information and personal data protection held by authorities, entities, bodies and government agencies at all levels of government.
The Supreme Court of Justice of the Nation shall resolve the cases related to the following topics, in accordance with the provisions established by the applicable statutory law:
Unconstitutionality lawsuits directed to raise a contradiction between a general regulation and this constitution.
Unconstitutionality lawsuits shall be initiated within the 30 days after publication of the regulation, they shall be initiated by:
h) The guarantor body stated on article 6 of this Constitution against the federal and local laws, as well as international treaties signed by the President of the Republic and approved by the Senate of the Republic that breach the right to access public information and personal data protection. Also, guarantor bodies equivalent on states against laws enacted by local state legislatures;
Public power of a state shall be divided into three branches: executive, legislative and judicial. Two or more of these powers cannot be united in one single person or corporation, nor shall the legislative branch be vested in one single person.
Public powers of a state shall be subjected to the state constitution, according to the following provisions:
State constitutions shall establish autonomous, specialized, impartial and collegiate bodies responsible for guaranteeing the right of access to information and personal data protection in possession of the legally bound reporting parties, according to the principles and bases established in article 6 of this Constitution and the General law enacted by the Congress of the Union to set the bases, general principles and proceedings for the exercise of said right.
This Constitution, the laws derived from the Congress of the Union and enacted by the Congress of the Union, and all the treaties made and execute by the President of the Republic, with the approval of the Senate, shall be the supreme law of the country. The judges of each state shall observe the Constitution, the laws derived from it and the treaties, despite any contradictory provision that may appear in the constitutions or laws of the states.